United States v. Borges

CONSENT JUDGMENT AND ORDER OF FORFEITURE (MONEY
JUDGMENT) AND PRELIMINARY ORDER OF FORFEITURE AS TO SPECIFIC
PROPERTY (FINAL AS TO THE DEFENDANT)

Jerome
B. Simandle, Senior United States District Judge

WHEREAS,
on or about November 14, 2017, defendant Betsy Borges pleaded
guilty pursuant to a plea agreement with the United States to
a one-count Information, which charged her with conspiracy to
commit bank fraud, contrary to 18 U.S.C. § 1344, in
violation of 18 U.S.C. § 371;

WHEREAS,
pursuant to 18 U.S.C. § 982(a)(2), a person convicted of
conspiracy to commit bank fraud, contrary to 18 U.S.C. §
1344, in violation of 18 U.S.C. § 371, shall forfeit to
the United States any property constituting, or derived from,
proceeds the person obtained directly or indirectly as a
result of such violation;

WHEREAS,
in the plea agreement, the defendant agreed to forfeit to the
United States, pursuant to 18 U.S.C. § 982(a)(2), (i) a
sum of money equal to $206, 450, which the defendant
stipulated represents the proceeds the defendant obtained,
directly or indirectly, as a result of the violation charged
in the Information (the "Money Judgment"); and (ii)
all of the defendant's right, title and interest in 4957
Cardigan Court, Hamilton Township, New Jersey 08330 and 6
Club House Lane, Mays Landing, New Jersey 08330 (the
"Specific Property"), which the defendant admits
has the requisite nexus to the bank fraud offense to which
the defendant has agreed to plead guilty, with any forfeited
money and the net proceeds derived from the sale of the
forfeited Specific Property to be applied to the Money
Judgment, in partial satisfaction thereof;

WHEREAS,
Rule 32.2(c)(1) of the Federal Rules of Criminal Procedure
provides that no ancillary proceeding is required to the
extent that the forfeiture consists of a money judgment;

WHEREAS,
the provisions of 21 U.S.C. § 853(n) (incorporated by 18
U.S.C. § 982(b)) require publication and notice to third
parties known to have alleged an interest in forfeited
specific property and the disposition of any petitions filed
under 21 U.S.C. § 853(n) before the United States may
have clear title to such property;

WHEREAS,
defendant Betsy Borges:

(1)
Consents to the forfeiture to the United States of $206, 450
as a sum of money representing the property constituting, or
derived from, proceeds the defendant obtained directly or
indirectly as a result of the offense charged in the
Information, to which the defendant has pleaded guilty,
pursuant to 18 U.S.C. § 982(a)(2) (the "Money
Judgment");

(2)
Agrees to forfeit to the United States all of her right,
title and interest in the Specific Property, which the
defendant admits has the requisite nexus to the bank fraud
offense to which the defendant has agreed to plead guilty,
pursuant to 18 U.S.C. § 982(a)(2);

(3)
Agrees to consent promptly upon request to the entry of any
orders deemed necessary by the government or the Court to
complete the forfeiture and disposition of property forfeited
to satisfy the Money Judgment;

(4)
Waives the requirements of Federal Rules of Criminal
Procedure 32.2 and 43(a) regarding notice of forfeiture in
the charging instrument, announcement of the forfeiture in
the defendant's presence at sentencing, and incorporation
of the forfeiture in the Judgment of Conviction;

(5)
Acknowledges that she understands that forfeiture of property
will be part of the sentence imposed upon her in this case
and waives any failure by the Court to advise her of this,
pursuant to Federal Rule of Criminal Procedure 11 (b)(1)(J),
during the plea hearing; and

(6)
Waives any and all claims that this forfeiture constitutes an
excessive fine and agrees that this forfeiture does not
violate the Eighth Amendment.

WHEREAS,
good and sufficient cause has been shown, it is hereby
ORDERED, ...

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